Terms of Use for the Transfer as a Service (TaaS-) Platform
1.1 These Terms of Use of Siemens Healthcare GmbH (”Siemens Healthineers”) govern the use of the “Transfer as a Service-Platform” provided by Siemens Healthcare GmbH and/or its subsidiaries (the "TaaS-Platform"). Any use of the TaaS-Platform is only permitted on the basis of these Terms of Use, which may be amended, modified or replaced by other terms and conditions at the sole discretion of Siemens Healthineers. The User accepts these Terms of Use in their then current version each time when logging-in or, if a log-in is not required, when starting to use the TaaS-Platform.
1.2 If the User while using the TaaS-Platform acts as business customer, i.e. that it is not acting for purposes which are outside its trade, business or profession, or that it acts as administration customer, § 312i para. 1 sentence 1 no. 1 - 3 of the German Civil Code does not apply.
1.3 Information for Healthcare professionals: The Siemens Healthineers Website, including but not limited to www.siemens-healthineers.com/ and its affiliated sites, provides an online resource for healthcare professionals.
2.1 Siemens Healthineers offers with the TaaS-Platform a service to transfer and share specific information or data and related documentation.
2.2 The TaaS-platform is only released for data classified up to C2- level (“Confidential”/ “Vertraulich”). You’re not allowed to release, upload or share data, which is classified up to C3-level (“Strictly Confidential” / “Streng Vertraulich”). Such strictly confidential information could be information, which disclosure may seriously damage Siemens Healthineers’ business interest or objectives, result in serious legal consequences and/or weaken the value of Siemens Healthineers’ reputation (e.g. corporate or sales strategy papers, economic or budget plans or information on merger and acquisition plans). You’re not allowed to release, upload or share information, data, software or documents which are subject to export restrictions or embargoes.
2.3 In addition, you may not release, upload or share data that contain any personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, genetic data or biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.
2.4 Siemens Healthineers may at any time cease the operation of the entire TaaS-Platform or parts thereof. Siemens Healthineers shall not accept any responsibility and shall not be liable for the continuous availability of the TaaS-Platform.
2.5 Siemens Healthineers may deny Users access to the TaaS-Platform at any time without notice and without providing reasons.
3.1 Access to the TaaS-Platform is password protected. For reasons of safety and security of business transactions, only registered Users may access the TaaS-Platform. Siemens Healthineers reserves the right to deny registration to any User at its sole discretion. Siemens Healthineers also reserves the right to subject any part of the TaaS-Platform to a registration requirement even if such part had previously been freely accessible. Siemens Healthineers shall be entitled to prevent Users from accessing one or more password-protected areas by blocking User Data (as defined below) at any time and without having to provide reasons. The foregoing in particular applies if a User
3.2 When registering, the User shall provide accurate information, and shall inform Siemens Healthineers online and without undue delay if such information changes over time. The User shall ensure that the e-mail address supplied to Siemens Healthineers is current and effective for contacting the User.
On first access the User shall change the password received from Siemens Healthineers into a password known only to the User.
3.3 The User will be provided with an access code upon registration which comprises a User ID and a password ("User Data"). On first access the User shall change the password received from Siemens Healthineers into a password known only to the User. The User Data permits the User to view or change its data or to withdraw its consent to data processing, as the case may be.
3.4 The User is liable for all transactions and other activities carried out under its User Data and shall ensure that such User Data is not accessible by third parties. The User shall log-off from all password protected websites at the end of each online session. If a User becomes aware of any misuse of its User Data by third parties, Siemens Healthineers must be informed in writing or by e-mail without undue delay.
3.5 After receipt of a notice under section 3.4, Siemens Healthineers will deny the User access to all password-protected areas under the affected User Data. Access will only be permitted again upon corresponding application to Siemens Healthineers or a new registration of the User.
3.6 The User may at any time request in writing the deletion of its registration, provided that such deletion does not impair or prevent the proper performance of a contractual relationship. Following such request Siemens Healthineers will delete all User Data and any other personally identifiable data of the User in compliance with applicable legislation as soon as such data are not required anymore.
4.1 Any use of information, data, software or documentation provided by Siemens Healthineers via the TaaS-Platform (the “Siemens Healthineers Contents”) or uploaded by you via the TaaS-platform shall be subject to these Terms of Use or the applicable license terms agreed with Siemens Healthineers, provided that separately agreed license terms shall always prevail over these Terms of Use.
4.2. By releasing, uploading or sharing any content via the TaaS-Plattform, You grant to Siemens Healthineers an unrestricted, worldwide, perpetual, non-exclusive, paid-up, transferable right to use and/or have used the content, in unmodified or modified form in any known or unknown way. This grant of rights includes all types and rights of use, including without limitation the right to copy, make publicly available, rent or lease, distribute in any medium in physical or non-physical form, exploit, translate, transform, modify, as well as the right of online-use in all communication networks (Internet etc.) and/or use in fixed and mobile data networks and end devices. Siemens Healthineers may sublicense such right to its Affiliates and Siemens Siemens Healthineers and its Affiliates may sublicense such right to its respective third-party-developers, manufacturers, partners and/or distributors (as well as to customers for use of Siemens Healthineers’ and Siemens Healthineers Affiliates’ products and/or services).“Affiliate" means a corporation, company or other entity, now or hereafter, directly or indirectly, owned or controlled by, or owning or controlling, or under common control with Siemens Healthineers. For purposes of this definition "control" of a corporation, company or other entity shall mean to have, directly or indirectly, the power to direct or cause the direction of the management and policies of a corporation, company or other entity, whether (i) through the ownership of voting securities providing for the right to elect or appoint, directly or indirectly, the majority of the board of directors, or a similar managing authority, (ii) by contract or (iii) otherwise.
4.3 The User shall not distribute the Siemens Healthineers Contents to third parties, or make them available in any other way.
4.3 The User shall not distribute the Siemens Healthineers Contents to third parties, or make them available in any other way. Unless required by applicable mandatory laws, the User shall not modify, disassemble, reverse engineer or decompile software or any parts thereof that are part of Siemens Healthineers Contents. The User may make one backup copy of software if required for securing its use.
4.4 The Siemens Healthineers Contents are protected by copyright laws, international copyright treaties and other laws and conventions on intellectual property and the User shall comply therewith. In particular, the User shall not remove any alphanumeric codes, marks or copyright notices from the Siemens Healthineers Contents.
4.5 §§ 69a et seq. of the German Copyright Law shall not be affected hereby.
5.1 Notwithstanding the provisions of section 4 of these Terms of Use, any brand names and other Siemens Healthineers Contents made available on the TaaS-Platform may not be modified, copied, reproduced, sold, rented, supplemented or used in any other way without the prior written permission of Siemens Healthineers.
5.2 These Terms of Use shall not confer any rights in copyrights or other intellectual property to the User, including rights in copyrights, brands, patents or utility models, except as expressly granted herein, and there shall be no implied obligation of Siemens Healthineers to do so.
6.1 While using the Siemens Healthineers TaaS-Platform the User shall not
6.2. You’re not allowed to access and/or use the TaaS-Platform from public PCs in Internet Cafes or other insecure environments.
6.3 If the User breaches any obligation arising from these Terms of Use, and without prejudice to any other remedies Siemens Healthineers may have, such User will immediately be denied access to the TaaS-Platform.
7.1 The TaaS-Platform may contain hyperlinks to webpages of third parties. Siemens Healthineers does not control and shall not assume any responsibility or liability for the contents and information provided on such webpages. In addition, Siemens Healthineers does not endorse or make representations with respect to such third party webpages or their contents. The use of such webpages shall be at the sole risk of the User.
7.2 The TaaS-Platform may also contain information or data provided by third parties. Siemens Healthineers assumes no liability whatsoever for any such third party information or data.
8.1 Any warranties or liability for defects of the Siemens Healthineers Contents as to quality or title, express or implied, are excluded, including warranties of correctness, completeness, merchantability and/or fitness for purpose, or of absence of third party rights, except for cases of willful misconduct, fraud, gross negligence, personal injury or death.
8.2 The Siemens Healthineers Contents may contain general descriptions of the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). Any such descriptions may not be understood as contractual warranties and the User accepts that the required performance of products shall be as agreed at the time of purchase.
9.1 The liability of Siemens Healthineers for defects in relation to quality and title shall be determined in accordance with the provisions of section 8 of these conditions. Any further liability of Siemens Healthineers is excluded unless and to the extent required by applicable mandatory law, e.g. in cases of willful misconduct, fraud, gross negligence, personal injury or death, failure to achieve guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.
9.2 Although Siemens Healthineers endeavors to keep the TaaS-Platform free from viruses and other malware, Siemens Healthineers cannot give any guarantee to this effect. The User shall take all measures required for its own protection to ensure appropriate security and, in particular, use a virus scanner before downloading any Siemens Healthineers Contents. In addition, the User shall take reasonable security precautions and, in particular, use a virus scanner before uploading any contents onto the TaaS-Platform.
9.3 Sections 9.1 and 9.2 do not intend nor imply any changes to the burden of proof to the User's disadvantage.
10.1 The export of certain information, data, software and documentation may, e.g. due to its nature or intended purpose or destination, be subject to authorization. The User shall strictly conform with the export regulations for Siemens Healthineers Contents and data uploaded by the User itself, in particular with those of the EU as well as the individual EU member states and the USA. Siemens Healthineers shall label Siemens Healthineers Contents in relation to German, EU and U.S. export control lists.
10.2 The User shall particularly check and verify that
Access to software, documentation, data and information on the TaaS-Platform shall only take place if such conforms with the above tests and guarantees. Where the User does not comply with the above, Siemens Healthineers shall not be obliged to perform.
10.3 Upon request Siemens Healthineers shall inform the User of the relevant contact points for further information.
For the collection and processing of personal (PII) data of the User on or in connection with the TaaS-Platform, more details to the Data privacy policy are available behind this hyperlink, Siemens Healthineers shall comply with applicable laws on data privacy and the Siemens Healthineers Website Data Privacy Policy, which is available per hyperlink on the Siemens Healthineers Website: www.siemens-healthineers.com
12.1 Any supplementary agreement requires the written form.
12.2 The place of jurisdiction shall be Munich if the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).
12.3 Siemens Healthineers makes no representation that the Siemens Healthineers Contents offered on the TaaS-Platform are appropriate or available for viewing or downloading at locations outside of Germany. If Users access the Siemens Healthineers TaaS-Platform from other countries than Germany, such Users are exclusively responsible for their compliance with local laws. Access to Siemens Healthineers Contents from countries where such contents are illegal is prohibited.
12.4 These Terms of Use shall be governed by, and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with the laws of Germany, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.